Citation Nr: 21011040 Decision Date: 02/26/21 Archive Date: 02/26/21 DOCKET NO. 10-36 092 DATE: February 26, 2021 REMANDED A rating in excess of 30 percent prior to September 20, 2011; in excess of 50 percent prior to January 22, 2019; and in excess of 70 percent prior to December 10, 2020 for post-traumatic stress disorder with major depressive disorder (PTSD) is remanded. Entitlement to total disability based on individual unemployability (TDIU) prior to January 22, 2019 is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1971 to June 1991. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from February 2010 and November 2014 rating decisions by the Department of Veterans Affairs (VA). These issues were previously remanded by the Board in October 2015 and adjudicated by the Board in June 2016. The Veteran appealed the issues to the United States Court of Appeals for Veterans Claims (Court). In accordance with the Court’s June 2017 Joint Motion for Partial Remand, the Board remanded the issues again in January 2018. The issues have been re-assigned to the undersigned. A rating in excess of 30 percent prior to September 20, 2011; in excess of 50 percent prior to January 22, 2019; and in excess of 70 percent prior to December 10, 2020 for PTSD is remanded. Pursuant to the January 2018 Board remand, the Veteran underwent a new VA examinations in January 2019 and December 2020 and a rating decision and Supplemental Statement of the Case (SSOC) were issued in December 2020. The Veteran’s PTSD as of January 22, 2019 was increased from 50 percent to 70 percent, and an evaluation of 100 percent was assigned beginning December 10, 2020. A rating in excess of 30 percent prior to September 20, 2011; in excess of 50 percent from September 20, 2011 to January 21, 2019; and in excess of 70 percent from January 22, 2019 to December 9, 2020 was denied. The Veteran underwent additional VA examinations in February 2021. A rating decision was issued in February 2021 continuing the current evaluation of PTSD at 100 percent disabling. However, the Agency of Original Jurisdiction (AOJ) did not issue an SSOC discussing and evaluating the new evidence in terms of the appeal of the ratings assigned prior to December 10, 2020. Under 38 C.F.R. § 19.31(c), the AOJ must issue a SSOC pursuant to a Board remand unless the evidence was already considered in a prior Statement of the Case or SSOC or the remand instructions specified that issuance of a SSOC was not required. The January 2018 Board remand specifies “to the extent that the benefits sought by the Veteran are denied or less than fully granted, issue appropriate SOCs advising the Veteran of the reason that the benefits were denied or less than fully granted and advising the Veteran of his appellate rights.” Accordingly, remand is necessary for the AOJ to issue a SSOC considering all the evidence of record for the entire period on appeal. Entitlement to total disability based on individual unemployability (TDIU) prior to January 22, 2019 is remanded. The matter of entitlement to TDIU prior to January 22, 2019 is inextricably intertwined with the Veteran’s other remanded issue; accordingly, it must be remanded as well. The matters are REMANDED for the following action: 1. The AOJ should obtain updated VA and non-VA treatment records. 2. The AOJ should readjudicate the issues on appeal, to include consideration of the relevant medical evidence received following the December 2020 SSOC. If any benefits sought are not granted, the Veteran and his representative should be provided with an SSOC and afforded a reasonable opportunity to respond before the record is returned to the Board for further review. Tiffany Dawson Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board I. Kerner, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.